Consider the following scenario: You apply for a job. The employer says that you are hired pending a background check. You have no criminal record so you think there should not be a problem. Then, you receive an email saying that there is an issue with your background check and that you cannot proceed with the job.
The email attaches a copy of the background check. When you look at it, you realize that the background check company has reported a bunch of convictions that don’t belong to you, but to someone with a similar name. You really want this job, but do not know how to prove that the convictions don’t belong to you.
Unfortunately, this type of situation happens far too frequently, especially if you have a common name. What can you do? As a legal matter, you may have claims against the background check company or the employer, but while a lawsuit may get you some money, a lawsuit takes time and probably won’t save your job. Practically, how do you correct the report and prove to your employer that you are not a criminal?
Dispute the Report
You should immediately dispute the report with the background check company. Under the Fair Credit Reporting Act (“FCRA”), background check companies are required to reinvestigate disputes. You can normally dispute over the phone, but a better practice is to dispute via email, fax, or in writing, so that you have a record of the dispute. Under the law, the background check company will have thirty days to reinvestigate, and in many instances, the job will be gone by the time the report is corrected, if it is corrected.
Notify the Employer
You may want to show the employer that the background check is incorrect. There are a number of things you can do to try to demonstrate that the report is incorrect. First, sometimes the report is so obviously wrong that you can show the employer that it is wrong. For example, if background checks displays criminal convictions that would have occurred when you were a small child, then you can probably explain to the employer why those convictions don’t belong to you. The report itself may also make clear that the person convicted of the crime is still imprisoned. For convictions that occurred in places that you have never lived, the background check may have an address history on it that will show that you have never lived in the place where the conviction occurred.
Obtain the Court Records
You can also try to obtain the court records. Normally, the court records themselves will have information on them that will allow you to show the employer that the person is not you. Some court records are available online, and others you can obtain by calling the courthouse where the conviction supposedly occurred. You can also try to get booking records associated with the conviction, as those normally have a picture of the person associated with the conviction.
Contact A Background Check Attorney
You should also consider contacting a background check attorney. These situations can be very upsetting, frustrating, and embarrassing, and a lawyer may be able to offer advice regarding your legal rights. You may also have a potential lawsuit against the background check company or the employer. Lawyers at Berger Montague have recovered money for thousands of consumers affected by unfair or inaccurate background checks.
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